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HomeMy WebLinkAboutOrdinance 2003.03 Amending the town tax code section 8-410 RECORDER RBP DEPUTY RECORDER 3591 PE4 F. ANN RODRIGUEZ, RECORDED BY: SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 119 7 3 SEQUENCE.' 20030160738 01/24/2003 ORDIN 16: 33 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2003.03 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE, SECTION 8-410, TO EXEMPT CERTAIN HEALTH RELATED AMUSEMENT FEES FROM TAXATION; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY AND DESIGNATING AN EFFECTIVE DATE. WHEREAS, the Town Council did approve Ordinance No. 96.43, which adopted the Town Tax Code as Chapter 8 of the Town Code; and WHEREAS, the Town Council has amended the Town Code from time to time; and WHEREAS, A.R.S. §§ 9-240(B)(26), 42-6001 and 42-6002 authorize the Town to levy and collect transaction privilege taxes; and WHEREAS, the Town's current tax code imposes a privilege (sales) tax on health spas, fitness centers, dance studios and other health related entities that charge membership fees for the use of premises; and WHEREAS, the Mayor and Council have determined that the elimination of the privilege tax on those activities mentioned above will encourage and promote healthy lifestyles for Marana residents and maintain regional consistency in taxation for the business community; and WHEREAS, the Mayor and Council have determined that encouraging and promoting healthy lifestyles and maintaining regional consistency in taxation are in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Section 8-410 of the Town Code hereby is amended as follows (with additions in underlined text and deletions in ~): Sec. 8-410. Amusements, exhibitions, and similar activities. Marana, Arizona Ordinance No. 2003.03 Page 1 of 3 (a) (b) The tax rate shall be at an arriount equal to two percent (2%) of the gross income fr0ha the business activity upon everyperson engaging or continuing in the following type or nature of businesses: (1) operating or conducting theaters, movies, operas, shows of any type or nature, exhibitions, concerts, carnivals, circuses, amusement parks, menageries, fairs, races, contests, games, billiard or pool parlors, bowling alleys, skating rinks, term/s courts, golf courses, video games, pinball machines, public dances, dance halls, sports events,jukeboxes, batting and driving ranges, animal rides, or any other business charging admission for exhibition, amusement, or entertainment. (2) Ol l-)l~-~llll~'~ J.k)l ~,l-/~,-/ll.~, gl.l.lll~,tl~,, k/tll~l ll~rllLll--Ir~lgl-g~'~ gI~.LI¥11.1U~ Oi' lil-~tl klk~tlkjll, (Reserved) (Reserved) Section 2. Anyperson found guilty of violating anypmvision of these amendments to the Town Code shall be guilty of a class one misdemeanor. Each daythat a violation continues shall be a separate offense punishable as herein above described. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portions of the Town Code. Section 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 6. The provisions of this ordinance shall become effective on April 1, 2003. i 1 Marana, Arizona Ordinance No. 2003.03 Page 2 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of January, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: As Town Attorney and not personally I Marana, Arizona Ordinance No. 2003.03 Page 3 of 3